president bush, that is the wrong picture, we should note here obviously. president george w. bush at 171, we do not have numbers on h.w.bush. what amy noted, the way that the president handled these particular appointments was a bit unprecedented. is it reasonable to suspect that this is not going to be the end of this the white house will not say, you have us, we will change our ways? >> sure, we need to balance what she was saying by suggesting that maybe the senate has been overreaching a little bit. if you go back and read the explanation, the federalist papers, it is the president who is supposed on object the controlling factor who is appointed in his administration. they are not to block the appointments through ideological reasons. >> this federal appeals court says that the senate has the privilege to advise and consent. i used to work for the senate majority leader i remember when the shoe was on the other foot. and senate democrats were blocking it, the federal appeals court said that the white house cannot look at the senate floor and say, we do not see business g